Opinion
February 21, 1963
Appeal from the Erie County Court.
Present — Williams, P.J., Bastow, Halpern, McClusky and Henry, JJ.
Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: The allegations of defendant and an alleged witness that an Assistant District Attorney promised defendant that he would receive a suspended sentence if he entered a plea of guilty presented questions of fact requiring that a hearing be granted on defendant's petition. ( People v. Piccotti, 4 N.Y.2d 340; People v. Robson, 285 App. Div. 111 2; People v. Amoroso, 8 A.D.2d 683.)